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(A) For purposes of this subchapter, the city shall designate an administrative hearing officer who shall have the duty and authority to enter such administrative orders as are necessary to the enforcement of this subchapter. The City Administrator is designated as the administrative hearing officer.
(B) The administrative hearing officer, upon the request of the Chief of Police, Chief Building and Code Inspector, or his or her designated representative, shall review the violation notice and all relevant information. If the hearing officer determines after such review that a nuisance condition exists and no request for a hearing has been made by the owner, occupant or agent, and the nuisance condition remains unabated, then the hearing officer may enter an administrative order. The administrative order shall contain: A finding of whether the city properly sent notice to the owner, occupant or agent in accordance with provisions herein; a finding of the nuisance conditions which exist; and the failure of the owner, occupant or agent to abate or otherwise remove the nuisance conditions.
(C) (1) If the owner, occupant or agent requests a hearing within ten calendar days of the date of the violation notice, the administrative hearing officer shall schedule a hearing within three working days of receipt of the hearing request. Written notice of the hearing date and time shall be provided to the owner. At the hearing, the owner, occupant or agent shall be given the opportunity to present information relevant to the violation notice.
(2) The Chief Building and Code Inspector, or his or her designated representative, also shall be given the opportunity to present information relevant to the violation notice. The hearing may be continued to a later time in exceptional cases where additional information is needed, as determined by the hearing officer. After all information has been offered, the hearing officer shall render a written decision within five calendar days.
(D) The administrative hearing officer may modify an order, including the administrative penalty in cases of undue hardship or in cases presenting extenuating or mitigating circumstances.
(E) It shall be unlawful for any person to whom an administrative order is issued to fail to comply with the provisions of the administrative order.
(F) The administrative hearing officer shall provide the option of daytime or evening administrative hearing times.
(Prior Code, § 92.08) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) (1) If the person on whom notice to abate a nuisance was served pursuant to the provisions of this subchapter fails to abate the nuisance, the Chief of Police, Chief Building and Code Inspector, or his or her designated representative, shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof to the City Council. Thereafter, the costs of abatement, including the cost of providing notice thereof shall be added to the property tax as a special assessment or shall be filed with the Register of Deeds as a lien against the property as provided by law.
(2) In addition, the Chief of Police, or designee, may seek the remedy of enforcement and prosecution as provided for in this subchapter. Each day the property remains in violation of this subchapter shall be deemed a separate offense and multiple offenses may be charged in the same complaint.
(B) The abatement of a nuisance under the direction of the Chief Building and Code Inspector shall not be a defense or excuse to the owner, occupant or agent of property for not conforming with this subchapter.
(C) The procedure provided by this section is not exclusive, but is in addition to procedures provided by other ordinances, and the Chief Building and Code Inspector, or his or her designated representative, may proceed summarily and without following the procedure set forth in this section, to abate a health, safety or other condition that constitutes, in the opinion of the Chief Building and Code Inspector, or his or her designated representative, an immediate and grave hazard to public health and safety requiring immediate action.
(Prior Code, § 92.09) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
Charges filed under this subchapter may be dismissed by the court if at trial the defendant proves by a preponderance of the evidence that the nuisance then existing had been satisfactorily abated no more than ten calendar days after the defendant received the citation of the nuisance.
(Prior Code, § 92.10) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this subchapter shall be assessed against each lot or piece of ground chargeable therewith, as a special assessment or lien as provided by law.
(Prior Code, § 92.11) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) The Mayor, Chief of Police, Chief Building and Code Inspector, or his or her designated representative, are directed to enforce this code against all nuisances. The jurisdiction of the Mayor, Chief of Police or Chief Building and Code Inspector and court shall extend to, and the territorial application of this subchapter shall include, all territory adjacent to the limits of the city within two miles thereof and all territory within the corporate limits.
(B) This jurisdiction shall also extend to all additional areas that are subject to, and in accordance with, any relevant interlocal agreement which has been or may be entered into by the city from time to time.
(Prior Code, § 92.12) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 17-15, passed 8-7-2017; Ord. 22-02, passed 3-7-2022)
HEALTH AND SANITATION
It shall be unlawful to erect, use, keep or maintain any stable for the boarding or lodging of any animal, either privately or for hire, or to erect, use, keep or maintain any other building, structure or other place for the exercise of any trade, employment, manufacture or other business, which, by occasioning noxious exhalations or offensive smells, becomes injurious and dangerous to the health, comfort or property of individuals or the public.
(Prior Code, § 92.25) (Ord. 93-11, passed 4-5-1993; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) The term UNSAFE BUILDING, as used in this section, is hereby defined to mean and include any building, shed, fence or other human-made structure which, after inspection by the Chief Building and Code Inspector or City Engineer, meets the following conditions:
(1) Is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;
(2) Because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire and constitutes or creates a fire hazard; or
(3) By reason of faulty construction or any other cause is liable to cause injury or damage by the collapse or fall of all or any part of the structure. Any such unsafe building in the city, as determined by the Chief Building and Code Inspector or City Engineer, is hereby declared to be a nuisance.
(B) It shall be unlawful to maintain or permit the existence of any unsafe building in the city and it shall be unlawful for the owner, occupant, tenant, lessee, agent or person in custody of the building to permit the same to remain in an unsafe condition or to occupy the building or permit it to be occupied, while it is in an unsafe condition.
(C) In case the owner of any building or structure shall fail, neglect or refuse to comply with the notice given by the Chief Building and Code Inspector, or his or her designated representative to repair, rehabilitate or demolish and remove a building or structure which is unsafe and a public nuisance, the Chief Building and Code Inspector, or his or her designated representative shall follow the abatement process as described in § 92.09 of this code.
(Prior Code, § 92.26) (Ord. 93-11, passed 4-5-1993; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
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